ANKIT SRIVASTAVA ALIAS ANJANI KUMAR SRIVASTAVA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4987/2025 · 2025-06-12
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146011 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146011 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35424 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4987 of 2025 Applicant :- Ankit Srivastava Alias Anjani Kumar Srivastava And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Yatendra Pal Singh,Diwakar Pratap Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants seeking following reliefs:-
"To quash the Summoning Order dated 15/07/2023 as well as the proceeding of the Case no. 23631 of 2023 State of U.P. Versus Ankit Srivastava alias Anjini Kumar & another arising out the case crime no.0472/2022 under section 379 I.P.C., & 4/10 U.P Protection Of Trees Act 1976 and 3/4 Public Property Dammage Act 1984 Police Station Bisheshvarganj, District Bahraichby means of which taking cognizance under section 379 IPC, & 4/10 U.P Protection Of Trees Act 1976 and 3/4 Public Property (Prevention of Damage) Act 1984 upon the charge Sheet dated 31/12/2022 filed by the police in pursuance of the First Information Report bearing case crime no 0472/2022 under section 379 I.P.C., and 4/10 U.P Protection Of Trees Act 1976 and 3/4 Public Property Dammage Act 1984 Police Station-Bisheshvarganj, District Bahraich, without application of mind as contained in Annexure no. 1 and 2 to the affidavit. It is further prayed that during the pendency of the case before this Hon'ble court the operation and implementation of the Summoning Order dated 15/07/2023 as well as the proceeding of the Case no. 2363 of 2023 State of U.P. Versus Ankit Srivastava alias Anjani Kumar and another arising out the case crime no. 0472/2022 under section 379 I.P.C., 4/10 U.P Protection Of Trees Act 1976 and 3/4 Public Property (Prevention of Damage) Act 1984, Police Station- Bisheshvarganj, District Bahraich,may be stayed in the interest of justice."
3. After arguing the matter up to some length, learned counsel for the applicants submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5.
In view of above, it is provided that applicants are permitted to move their discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicants in the aforesaid case. 7. In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order. 8. With above directions, this application stands disposed of. Order Date :- 12.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench